Gregg v. Georgia refined the death penalty by allowing it under what conditions?

Gregg v. Georgia refined the death penalty by allowing it under what conditions?

• A. Death penalty is unconstitutional in all states
• B. Death penalty is allowed if guided by a two-stage trial and proportionality review
• C. Death penalty must be mandatory for certain offenses
• D. The Court replaced the death penalty with life imprisonment

Answer: (B)

A two-stage trial and proportionality review provide the framework Gregg v. Georgia uses to permit the death penalty. The Court held that capital punishment can be constitutional if the process includes a separate sentencing phase to weigh aggravating and mitigating factors, followed by appellate or proportionality review to ensure the sentence fits the crime and isn’t imposed arbitrarily. This safeguards against the arbitrariness that Furman v. Georgia flagged by requiring guided discretion and careful consideration before death is imposed. It’s not a blanket ban, it doesn’t mandate death for certain offenses, and it doesn’t replace the penalty with life imprisonment.

A two-stage trial and proportionality review provide the framework Gregg v. Georgia uses to permit the death penalty. The Court held that capital punishment can be constitutional if the process includes a separate sentencing phase to weigh aggravating and mitigating factors, followed by appellate or proportionality review to ensure the sentence fits the crime and isn’t imposed arbitrarily. This safeguards against the arbitrariness that Furman v. Georgia flagged by requiring guided discretion and careful consideration before death is imposed. It’s not a blanket ban, it doesn’t mandate death for certain offenses, and it doesn’t replace the penalty with life imprisonment.